Loading...
LL 02 Amend Queensbury Code Chapter 88 Fire Prevention & Building Construction Local al Law Filing NEW YORKSTATE DEPARTMENT OF STATE 41 STATE STREET;ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Teat of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. XGW of------------ -----Q ueen s bury------------- . X*NF Local Law No-------------2'--------------------- of the year 20Q_0 7 A local law_ ram MEND QUEENSBURY TOWN CODE CH ---------- "FIRE PREVENTION AND BUILDING CONSTRUCTION�� ------------------------------------------------------------------------------------------------------ ------- r -----=------------------------------------------------------------------------------------------------------- -TOWN BOARD Beit enacted'by the ------------------ -------------------------------------------------------------- of the x� x QUEENSBURY ------- as follows: Town *M BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Purpose and Intent. This local law provides for updates and amendments to Chapter 88 of the Code of the Town of Queensbury,'titled Fire Prevention and Building Code Construction. These updates are made in accordance with recent changes to New York State Laws and Regulations related to the administration and enforcement of the Uniform Fire Prevention and Building Code of the State of New York (the Uniform Code). This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law and Chapter 88 of the Code of the Town of Queensbury. „t Section 2. Amendment to §88-3 of the Cod�4.of the Town of Queensbury. §-88-3 shall now read: (If additional space is needed,attach pages the same size as this sheet,and numbereach.) DOS-239(Rev.11/99) {1) The Town Board of the Town of Queensbury hereby adopts and ratifies any previous adoption of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code (henceforth collectively referred to as the "Building Code" or the "Uniform Code"), if any, and all subsequent amendments thereto. In the event of conflict between the Uniform Code and the Town Code, the more stringent standard shall apply. Section 3. Amendment to §88-7 of the Code of the Town of Queensbury. §88-7 shall now read: Director of Building and Code Enforcement. Except as otherwise provided by law, ordinance, rule or regulation, the Director of Building and Code Enforcement shall administer and enforce all provisions of laws, codes, ordinances, rules, regulations and orders applicable to the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occupancy, removal and demolition of buildings, structures and appurtenances thereto, receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications, and upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Temporary Certificates and Operating Permits such terms and conditions as the Director of Building and Code Enforcement may determine to be appropriate; conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Temporary Certificates and Operating Permits, property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law not specifically delegated as responsibilities of the Fire Marshal, except that the administration of the Zoning Ordinance shall be vested in the Zoning Administrator as herein provided. Further, the Director of Building and Code Enforcement shall have all authority, powers, duties and responsibilities provided to the Building Inspector, as such position is defined and provided for under Town Law § 138. Section 4. Amendment to §88-8 of the Code of the Town of Queensbury. §88-8 shall be amended such that the current paragraph shall be subsection A, and new subsection B shall read: B. The chief of any fire department or volunteer fire company providing fire fighting services for a property within this Town shall promptly notify the Director of Building and Code Enforcement and the Fire Marshal of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. Section 5. Amendment to §88-12(A) of the Code of the Town of Queensbury. The second sentence of§88-12(A) shall now read: (2) In addition to the exemptions contained in 19 NYCRR §2103.3(a)(1), no permit shall be required for construction work which is not structural in nature and does not entail the installation of plumbing, heating or ventilation systems or components in addition to such systems already in use. No permit shall be required for work of an ordinary replacement or maintenance nature, except as otherwise stated in this chapter. The exemption from the requirement to obtain a building permit for work in any category set forth herein shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. Section 6. Amendment to §88-12(B) of the Code of the Town of Queensbury. The following sentence shall be added after the first sentence in §88- 12(B): The forms shall require, at a minimum, that the following information be submitted: a description of the proposed work; the tax map number and the street address of the premises where the work is to be performed; the occupancy classification of any affected building or structure; where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and at least 2 sets of construction documents (drawings and/or specifications) which (1) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (ill) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. Section 7. Amendment to §88-17(A) of the Code of the Town of Queensbury. §88-17(A) shall read: Whenever the Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator has reasonable grounds to believe that the work on any building or structure is proceeding without a permit or is otherwise in violation of the provisions of any applicable law, code, ordinance, rule or regulation or is not in conformity with any of the provisions of the application, plans or specifications on the basis of which a permit was issued or is being conducted in an unsafe or dangerous manner, which fall under his respective jurisdiction, he shall notify either the owner of the property or the owner's agent or the person, firm or corporation performing the work to immediately suspend all work. In such instance, any and all persons shall immediately suspend all related activities until the stop-work order has been duly rescinded. Section 8. Amendment to §88-17(B) of the Code of the Town of Queensbury. (3) The following sentence shall be added after the last sentence of§88-17(B): The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator, as the case may be, shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Director of Building and Code Enforcement, Fire Marshal or Zoning Administrator shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. Section 9. New §88-17(C) of the Code of the Town of Queensbury. There shall be a new §88-17(C) as follows: C. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision A or B of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. Section 10. Amendment to §88-18(A) of the Code of the Town of Queensbury. §88-18(A) shall read: A schedule of required inspections shall be made available to all applicants for permits, which schedule shall require at a minimum, inspections upon the following, where applicable: work site prior to the issuance of a Building Permit; footing and foundation; preparation for concrete slab; framing; plumbing, electrical and fire stopping, including underground and rough-in; fire resistant construction; fire resistant penetrations; solid fuel burning heating appliances, chimneys, flues or gas vents; Energy Code compliance; and a final inspection after all work authorized by the Building Permit has been completed, and at such other intervals as may be determined by the Director of Building and Code Enforcement and/or the Fire Marshal. Section 11. Amendment to §88-19(A) of the Code of the Town of Queensbury. §88-19(A) shall read: A certificate of occupancy shall be required for any building, structure or portion thereof containing habitable space. A certificate of occupancy shall include, at a minimum, the following: the Building Permit number, if any; the date of issuance of the Building (4) Pennit, if any; the name, address and tax map number of the property; if the Certificate of Occupancy is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy is issued; the use and occupancy classification of the structure; the type of construction of the structure; the assembly occupant load of the structure, if any; if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; any special conditions imposed in connection with the issuance of the Building Permit; and the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and the date of issuance." A certificate of compliance shall be required for any structure, building or portion thereof for which a certificate of occupancy is not provided. Section 12. New §88-23 of the Code of the Town of Queensbury. There shall be a new §88-23 as follows: §88-23 OPERATING PERMITS. A. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3)use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Queensbury. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. B. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Director of Building and Code Enforcement and Fire Marshal . The application shall include such information as the Director of Building and Code Enforcement and Fire Marshal deems sufficient to permit a determination by the Code (5) Enforcement and Fire Marshal that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Director of Building and Code Enforcement or Fire Marshal detennine that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Director of Building and Code Enforcement or Fire Marshal , at the expense of the applicant. C. The Director of Building and Code Enforcement and/or the Fire Marshal or an inspector authorized by the Director of Building and Code Enforcement and/or the Fire Marshal shall inspect the subject premises prior to the issuance of an Operating Permit. D. In any circumstance in which more than one activity listed in subdivision (A) of this section is to be conducted at a location, the Director of Building and Code Enforcement and/or the Fire Marshal may require a separate Operating Permit for each such activity, or the Director of Building and Code Enforcement and/or the Fire Marshal may, in his or her discretion, issue a single Operating Permit to apply to all such activities. E. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued hereunder. An Operating Permit may be reissued or renewed upon application to the Director of Building and Code Enforcement and/or the Fire Marshal, payment of the applicable fee, and approval of such application by the Director of Building and Code Enforcement and/or the Fire Marshal. F. If the Director of Building and Code Enforcement and/or the Fire Marshal determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. G. The fee specified in or determined in accordance with the provisions set forth by resolution of the Town Board §88-14 of this Chapter must be paid at the time of submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. H. Nothing contained in this §88-23 shall be construed to authorize or permit an activity in a zoning district which is not authorized by Chapter 179 of the Code of the Town of Queensbury, or any other applicable provision of the Code of the Town of Queensbury, or any other applicable local law, state or federal law or regulation. Section 13. New §88-24(D) of the Code of the Town of Queensbury. There shall be a new §88-24(D) as follows: D. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in §88-17 (Stop (6) Work Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in §88-17 (Stop Work Orders) of this Chapter, in any other section of this Chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 381 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision(2) of section 381 of the Executive Law. Section 14. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 15. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. (7) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local taw No. --------?!----------------------- of 2M7---- of the( owner I of----------------- Q1 e e n s b u ry-------------------------- was duly passed by the ------------------------oard ----------------- on 20--Q7in accordance with the applicable provisions of law. ------- (Name of Legislative Body) 2. (passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto,designated as local law No.----------------------------------- of 20------ ofthe(County)(City)(Town)(Village)of----------------------------------------------------------------- was duly passed by the ----------------------------------------------- on------------------ 20-,-,and was(approvedxnot approved)(repassed after (Name04 gbud-Body) disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=--------- 20----, (Ekaive C1-f Eucaave Of f+ter-) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No- ------------------------------------of 20------ ofthe(CountyxCity)(Town)(Village)of------------------------- -------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approvedxrepassed after (Name ooegalative Body) disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Ekc6-Clkief E-cad-Offiicer-) to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the(generalxspecialxannual)election held on------------------ 20— ,in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was Filed requesting. referendum.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ of the(CountyxCity)(Town)(Village)of------------------------- -------------------------------------- was duly passed by the --------------------------------------------------- on------------------ 20----,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the-------------------------------------------------- on------------------ 20--- . Such local law was subject to (Ekc6ve Chief&eca ive 0Yker-) permissive referendum and no valid petition requesting sucli referendum-was filed as of------------------ 20L--- ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. MY a S. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. ---------------------------------- of 20------ of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions of section(36x37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on-------------------20---_ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. ---------------------------------- of 20------ of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November---------------------- 20--.-,pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in- dicated in paragraph_--- -------above. Ckrk of the Comp legislative body.City.Town or Viitagc Ckitc or oCB=designated by local legislative body (Seal) Date:-L6 c -C, (Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney,Village Attorney or other authorized attorney of locality.) STAn OF NEWYORK ODUNTY OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law to. sipahm K NOORD Town CI-oun4PI Tick of Queensbury Town -07 Date: June 2007 l9) GENERAL CODE PUBLISHERS CORP. 72 HINCHEY ROAD ROCHESTER, N.Y. 14624 TELEPHONE: 716/328-1810 . FAR: 716/328-8189 f LEGISLATION INFORMATION AND HISTORY (for use with Local Laws, Ordinances, Byla�vs, general and permanent Resolutions) Name of Municipality ... Town of..Que6nsbury. . . ......... ........ . ....... . .... Type of Enactment (ord- res., bylaw, local law): Local Law - - 2, 2007 - - - Number. .............. Short Title: TO AMEND QUEENSBURY TOWN CODE CHAPTER 88 "FIRE PREVENTION & BUILDING CONSTRUCTION Relationship to Code: Amends Chapter No. .................. § Nos. ................. Repeals Chapter No. .................. § Nos. ................. Adds Chapter No. .................. § Nos. .., .............. Date of Page Number Action: Action in Minutes: Introduction .............. ................ Publication .............. Public Hearing .. . 4 f 7.. ................ Adoption .. /A f 9.7.. ................ Publish Notice of Adop. .............. Signed by Mayor or Exec. .............. Signed by Clerk or Sect'. .............. Filed by State .............. (Sect' of St Atty. DOT) Gen, Copy sent to General Code Publishers Date Lv.t s .v.�.. (See the other side for Veto and Referenda information.) NOTE: A copy of this form may be made and placed with the Clerk's or Secretarys file copy of legislation at the time of introduction_ The legislative history can then be compiled as the legislation passes through the required procedures. A copy of the form should be sent with the legislation to General Code Publishers for them to keep with your Code files. the original being retained as a record in the Clerks or Secretarvs files. 'ECEIVED = Lo 115_D7 STATE OF NEW YORK ` sW�I�CE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER June 20, 2007 LORMNEA.CORTP-S-VAzQUEZ GOVERNOR SECRETARY OF STATE Darleen M Dougher Town Clerk Town Office Building 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 2, 2007, filed on June 11, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.htm1. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518)474-2755 WWW.DOS.STATE.NY.US - E-MAIL:INFO@DOS.STATE.NY.US General Code Publishers 72 Hinchey Road - Rochester, NY 14624 Phone:800/836-8834 Fax:585Wi41 9- Email:sales@generalcode.com 06/11/2007 A236787 Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law No. 2-2007. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 tttt�lrt�atje:)ti�tsstlit�t�tStltiftlitt► titltit,)tt�t�ttti,f